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communications with either party. For example, an arbitrator may
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discuss the case with one party if the parties request or consent to the

discussion. If an arbitrator communicates in writing with a party,

or receives written communication from a party, the arbitrator must
provide the other party with a copy of the communication.

e. Duty to Disclose

An arbitrator should fully disclose any personal interests or
relationships with the parties or witnesses and to the other arbitrators

if more than one arbitrator is appointed. The basis for disqualification

due to a personal relationship with a party to the proceeding is
different from disqualification for failure to disclose the relationship.

Even though an arbitrator’s relationship with a party may not be
decisive, the failure to disclose the relationship would be sufficient for

disqualification. Furthermore, this duty is an ongoing duty throughout
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the whole arbitral proceedings.

After the disclosure, if all parties request, an arbitrator should
withdraw. Even less than all parties request the withdrawal, the

arbitrator should do so unless specific procedures for challenging an

arbitrator are set forth in the arbitration agreement. If the parties do
not provide a method of challenging the appointment of an arbitrator,

various sets of arbitration rules such as the UNCITRAL arbitration rules,
the American Arbitration Association International rules and the

International Chamber of Commerce rules supply guidelines for

6. See AM. Arbitration Assoc., Code of Ethics for Arbitrators in Commercial Disputes Canon
II(E) (2004).
7. Henry Gabriel, Anjanette H. Raymond; Ethics for Commercial Arbitrators: Basic Principles
and Emerging Standards. 5 Wyo. L. Rev. 453.

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